How to appeal? Can I file EB1-EA again?

H

haimi

Registered Users (C)
Dear all,

my EB1-EA case (self) to TSC was unfortunately turned down after my response to RFE. I am wondering if I should do an appeal. If so, how to do it? Is it similar to doing an RFE in a way that I need to write a detail letter in response to the points in the denial letter? Or, can I file another EB1-EA again, say, to NSC now? Do I need to give them the details of my first petition and its decision? Because it is not 30 days yet, can I say there is no final decision yet? But after the 30 days when they process it, will they know that it was denied and will that affect their decision of my new petition?

For my case, the main point from the denial letter is that they do not consider any evidence before my current employment as a professor. So my papers published and awards earned during Ph.D. were not considered.

Many thanks for any suggestion!
 
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Commenting on what you wrote, I would say that publications count, whenever they were published. In which journals they were published and the citations they garnered is what counts.

As for the awards, perhaps were they simply not "big enough" for the IO who had to judge them.

Have you given your credentials earlier on the forum somewhere? If you did, could you give us the thread? If not, can you tell us a bit more about them? It would also help to know which criteria you claimed.

Thanks!

Chris
 
Here are my credentials: I am a tenure-track assistant professor now and I chose the category "university/college teacher" in my 140 (I am not sure it's the correct choice because the USCIS basically would not consider my achievements during my PhD study or anything before employment due to this choice). I claimed the following: 1) about 10 awards (including some big international dissertation awards), 2) articles (about 10), 3) original contributions (9 recommendation letters), 4) reviewer (reviewer for serveral international conferences/journals), 5) membership (editorial board; conference session co-chairs), and 6) display of work (invited talks at other universities). Any suggestions? Thanks!
 
Hi!

I am playing devils' advocate here.

1) about 10 awards (including some big international dissertation awards),
The problem with undergrad awards is that they are often considered as "promises" more than real achievements in the mind of the USCIS (see the appeals...). Was one big enough to be mentioned in the national press or an equivalent? It could help.

2) articles (about 10),
What about the citations for those papers?

3) original contributions (9 recommendation letters),
Probably the safest criterion if well presented, though citation number should be comforting this claim too!

4) reviewer (reviewer for serveral international conferences/journals),
Is it really more than what many others in the field do?

5) membership (editorial board; conference session co-chairs)
You mean that you used this for criterion (ii)? That is not going to really work, but if very well presented. Editorial board could be better used for your 4) (I guess you mean criterion (iv): judge of the work of others)

6) display of work (invited talks at other universities)
This one is not for this kind of activities (see the appeals and the interoffic memorandum of the USCIS)

So, at the end, it looks like a tough case. Don't try to claim what you cannot really support well, and focus on those criteria you have really the evidence for. I guess I learned that from this forum and it is very wise.

You know, if you spend a couple of hours reading the appeals made public by the USCIS, and the Interoffice Memorandum (only pages 30 to 41!), you will have a pretty good idea on how to deal with your case.

Good luck

Chris
 
how ro appeal

Haimi,

Sorry to hear that your case was denied. I made a appeal with my attoney together. It is a point to point to answer letter. However, I have to wait a long time to get the results from AAO. Usually it will take more than one year to get the results. I think it is better to resubmit.
 
Chris, again thank you very much for the document. Could you elaborate which Interoffice Memorandum you referred to? A link would be most helpful. Thank you very much!

ChrisV said:
Hi!

I am playing devils' advocate here.

1) about 10 awards (including some big international dissertation awards),
The problem with undergrad awards is that they are often considered as "promises" more than real achievements in the mind of the USCIS (see the appeals...). Was one big enough to be mentioned in the national press or an equivalent? It could help.

2) articles (about 10),
What about the citations for those papers?

3) original contributions (9 recommendation letters),
Probably the safest criterion if well presented, though citation number should be comforting this claim too!

4) reviewer (reviewer for serveral international conferences/journals),
Is it really more than what many others in the field do?

5) membership (editorial board; conference session co-chairs)
You mean that you used this for criterion (ii)? That is not going to really work, but if very well presented. Editorial board could be better used for your 4) (I guess you mean criterion (iv): judge of the work of others)

6) display of work (invited talks at other universities)
This one is not for this kind of activities (see the appeals and the interoffic memorandum of the USCIS)

So, at the end, it looks like a tough case. Don't try to claim what you cannot really support well, and focus on those criteria you have really the evidence for. I guess I learned that from this forum and it is very wise.

You know, if you spend a couple of hours reading the appeals made public by the USCIS, and the Interoffice Memorandum (only pages 30 to 41!), you will have a pretty good idea on how to deal with your case.

Good luck

Chris
Click to expand...
 
Here is the document:
http://www.uscis.gov/files/article/afm_ch22_091206R.pdf

EB1 (1) starts on page 30 (and it goes up to page 41).

Anyone self-petitionning should read it!

By the way, last stats on appeals:
http://www.uscis.gov/portal/site/us...nnel=2411c9ee2f82b010VgnVCM10000045f3d6a1RCRD

AAO Processing Times on Appeals (as of May 29, 2007)

Case Type Time

I-140 EB1 (A) Alien with Extraordinary Ability 9 Months

I-140 EB1 (B) Outstanding Professor or Researcher Current

I-140 EB1 (C) Multinational Manager or Executive Current

I-140 EB2 (D) - National Interest Waiver 10 Months

I-140 EB3 (E), (G) - Skilled, Professional, or Other Worker 13 Months


Resubmitting with a better prepared file focusing on your strenghts and ignoring what is poolry evidenced is probably the best way to go.

I hope it helps...

Chris
 
All - Many thanks for the information and advice! I will try to submit an appeal, and also submit a new 140 case to NSC.
 
Broken system

Hi Haimi,
The system is completely broken as a person working as a consultant with a undergrad degree gets GC wheras u and I go through like this.

I suggest u to consult a lawyer and file a appeal.

I filed my appeal with TSC and it was transferred to AAO last month.


haimi said:
Dear all,

my EB1-EA case (self) to TSC was unfortunately turned down after my response to RFE. I am wondering if I should do an appeal. If so, how to do it? Is it similar to doing an RFE in a way that I need to write a detail letter in response to the points in the denial letter? Or, can I file another EB1-EA again, say, to NSC now? Do I need to give them the details of my first petition and its decision? Because it is not 30 days yet, can I say there is no final decision yet? But after the 30 days when they process it, will they know that it was denied and will that affect their decision of my new petition?

For my case, the main point from the denial letter is that they do not consider any evidence before my current employment as a professor. So my papers published and awards earned during Ph.D. were not considered.

Many thanks for any suggestion!
Click to expand...
 
Dear permfiling,

The system is completely broken as a person working as a consultant with a undergrad degree gets GC wheras u and I go through like this.


I am sorry, but I do not think the system is broken if you petition for EB1-EA:
- You are not asked for a CV. You do not need to prove that you have a PhD!
- The criteria are pretty clear.
- The information about how your evidence is going to be looked at is made available to you by the USCIS itself.
- The appeal cases detail even more the way the USCIS is reasoning while making a decision on the borderline cases.

There are plenty of consultant with a undergrad degree gets GC who are probably better suited to get EB1-EA than many of the PhDs hanging around.

It does not mean that your case is bad. I am not making a judgement on your own case. But someone with an undergrad degree can still be entitled to the EB1-EA status! Again, many PhDs are supposed to be good in their field, but many will be just that... I mean "good" and you have to be more than "good", at least based on the criteria USCIS is using.

I suggest u to consult a lawyer and file a appeal.

You know, I have a problem with that statement. I will likely start a thread about this when I have some time. If you claim you are entitled to get the "EB1-EA" label and if you are in science or technology, you should be able to undesrtand the criteria and make sense of the documents the USCIS makes available to you by yourself! After all, you are supposed to be able to successfully apply for grants, or for access to big equipment, which is in my sense much more dificult that preparing an I-140 after reading the information made available.

If I were an Immigration Officer, receiving the file of somebody who claims to be an ace in its (his/her) field where fighting for resources or positions for collaborators by writing applications is common practice, I am not sure I would see favorably something coming through a lawyer!

My 2 cents.

Chris

PS Note that my remarks apply only to science and technology. There are perhaps other fields where some could qualify for an EB1-EA based on talent and success, but would not necessarily have the skills or training needed to adequately file an I-140.
 
eb1

Hiami,

I want to help you after doing analysis for 6 months on the EB1 cases myself, here is my conclusion.

-Most important thing is how you present your case

-Now for this, just spend sometime and as CrisV has forwarded some links read carefully.

-Prepare 2 columns : their do's and dont's for application.
By this I mean what format thay may reject and what they may accept.

-OK, based on your credentials, if you think you got most during PhD, fine. Just re-write the whole stuff without mentioning words like ....during my PhD or ...my dissertation (very wrong words and contributing to your case rejection). Each word you pick should shout you have been outstanding, how significant, extraodinary critical, etc....all the right words..you know what I mean.......and reference to a strong letter.

-Pick any 5 categories and do 1 per day. Focus on it and gather all info. Ask questions on this forum if you have trouble finding how to find evidence .
Your application will be ready in 2 weeks and just re-file.

This is all I can think of now.

Best wishes,

kku
 
Thanks to all for the support and advice!

One more question here: If I resubmit a new peition, do I have to tell them the decisions (RFE and denial letter) with my existing petition? Or because it's not final yet (within 30 days), I don't need to tell them? In another way, does it matter if I resubmit a new petition within 30 days or after 30 days (in no appeal, then the denial is final)?
 
In Part 4 box 6., you have to state that you have already petitionned. Explain in a nice and clear way why you petition again.

Chris
 
thans ChrisV! does it matter within 30 days or after 30 days? What would be the best way to explain the new petition? the previous submission was in a rush and didn't include enough evidence? Or something else?
 
well, you simply state that you have now gained a better understanding of what the requirements are, and also that you have more to show since the last time you filed (if it is indeed the case).

Therefore, you respectfully think that you have now better evidence in support of your petition. Don't say that the first one was in a rush, as it does not look good. How would somebody rush such an important application and dare to submit it to the USCIS? could think the reading officer... :)

Honestly, I don't know about the 30 days. You can either take your time, showing that indeed you are not rushing anything, or move fast, but then make sure that your new petition is indeed better than the first one ;)

Chris
 
Appeal?

Hi Haimi,
Did you file an Appeal ?

Thanks


haimi said:
Thanks to all for the support and advice!

One more question here: If I resubmit a new peition, do I have to tell them the decisions (RFE and denial letter) with my existing petition? Or because it's not final yet (within 30 days), I don't need to tell them? In another way, does it matter if I resubmit a new petition within 30 days or after 30 days (in no appeal, then the denial is final)?
Click to expand...
 
haimi said:
Here are my credentials: I am a tenure-track assistant professor now and I chose the category "university/college teacher" in my 140 (I am not sure it's the correct choice because the USCIS basically would not consider my achievements during my PhD study or anything before employment due to this choice).
HAIMI YOU MADE A MAJOR BLUNDER IN FORM i-140

you said you did self application as EB1-EA which on form 140 is called
a) An alien of extraordinary ability.

then you say you choose "An outstanding professor or researcher.: which on form 140 is EB1-OR category

The petition for EB1-OR is filed by the university not self .

No wonder you got A RFE and Rejection:rolleyes: :rolleyes: :rolleyes:
Click to expand...
 
haimi said:
Here are my credentials: I am a tenure-track assistant professor now and I chose the category "university/college teacher" in my 140 (I am not sure it's the correct choice because the USCIS basically would not consider my achievements during my PhD study or anything before employment due to this choice).
Click to expand...

Sorry to hear this. You have applied for EBI-EA but selected University/college Teacher which falls under the category of EB1-OR- that is filed by employers, not by employee's, as you know. I feel this could be MAIN the you got denial. I read somewhere (sheelamurthy's) that PhD experience is considered when someone applies for EB1-OR.

I would suggest that you re-apply for EB1-EA with new evidences you may have.

Good luck
 
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